In an action that began in 2012, headphone manufacturer GN took audio equipment manufacturer Plantronics to court alleging monopolization charges in violation of the Sherman Antitrust Act.

The case, which is set to go to trial in 2017, was delayed for over five years due to significant problems that arose during discovery. For e-discovery practitioners, the case presents a cautionary tale, offering insight into how deleted discoverable content will likely always come to light and prove to be a liability despite the best of intentions.

Plantronics’ Issue

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